Question
Deborah and Jerry Welchert began commercially growing vegetables in 1989. In 1990, they leased a tract of land southeast of Blair, Nebraska, for this purpose
Deborah and Jerry Welchert began commercially growing vegetables in 1989. In 1990, they leased a tract of land southeast of Blair, Nebraska, for this purpose that was also to be farmed by Jerry's brother, Rick Welchert. After they began planting vegetables, the Welcherts noticed that the vegetables were not growing properly. Deborah discovered that the herbicide Pursuit, manufactured by Cyanamid, had been applied to the land. Finding a label for Pursuit Plus, a different product, Deborah, Rick, and Jerry reviewed the label. This label claimed that crops could be planted eighteen months after application of the herbicide. Crops were again planted on the land in 1991, but continued to experience growth problems. Meanwhile, Rick and another brother, Donald, leased another property in 1991 that had been treated with Pursuit Plus in 1989. Rick never read the Pursuit Plus label, relying on Deborah's account. Donald also did not read the label. The vegetables planted on this land experienced growth problems as well. All four Welcherts filed a suit alleging breach of express warranty for damages caused to their crops by Pursuit and Pursuit Plus. Should the Welcherts prevail and on what theory?[Welchert et al v. American Cyanamid Inc., 59 F. 3d 69 (1995).]
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